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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1990
158 A.D.2d 340 (N.Y. App. Div. 1990)

Opinion

February 13, 1990

Appeal from the Supreme Court, New York County (Edwin Torres, J.).


The complainant was knocked to the ground by a punch to the throat, after which a gold chain was violently ripped from her neck. Bystanders chased defendant and apprehended him. Neck pain persisted for at least a week, and residual effects were still felt at trial more than a year and one half later. The pain suffered by the victim is sufficient to meet the definition of "physical injury" (Penal Law § 10.00) and to sustain conviction for robbery in the second degree (Penal Law § 160.10 [a]).

Defendant's other contentions — that the prosecutor's summation shifted the burden of proof on the question of physical injury, that he vouched for the credibility of the victim as a witness, and that he denigrated the defense — have been reviewed and found to be without merit.

Concur — Kupferman, J.P., Milonas, Kassal, Wallach and Rubin, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1990
158 A.D.2d 340 (N.Y. App. Div. 1990)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDIE RIVERA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 13, 1990

Citations

158 A.D.2d 340 (N.Y. App. Div. 1990)
551 N.Y.S.2d 29

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